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On 3 May 2012 the High Court dismissed the appeal of Peter Shafron, the former company secretary and general counsel of James Hardie Industries Limited (JHIL) in the decision of Shafron v Australia Securities and...
09 May 2012
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Categorised In: Commercial, Corporate, Small to Medium Enterprise, Corporate & Commercial, Corporate Governance & Compliance, Revenue, Tax & Superannuation
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On 3 May 2012 the High Court held that the seven non-executive directors of James Hardie Industries Limited (JHIL) had breached their duty to exercise care and diligence, by approving the release of a misleading...
09 May 2012
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Categorised In: Commercial, Corporate, Small to Medium Enterprise, Corporate & Commercial, Corporate Governance & Compliance, Revenue, Tax & Superannuation
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On 3 May 2012 the High Court concluded the James Hardie cases when it overturned the finding of the NSW Court of Appeal, and held that seven non-executive directors of James Hardie Industries Limited (JHIL) contravened...
09 May 2012
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Categorised In: Commercial, Corporate, Small to Medium Enterprise, Corporate & Commercial, Corporate Governance & Compliance, Revenue, Tax & Superannuation
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On 28 May 2012, the new business names registration system will commence. The new system integrates the business names systems of each state and territory into a national registration network. Business names are...
20 March 2012
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Categorised In: Commercial
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A recent decision of the New South Wales Supreme Court in the case of ASIC v Somerville & Ors [2009] NSWSC 934, highlights that legal advisors may be personally liable if they give advice in relation to unlawful...
02 October 2009
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Categorised In: Commercial
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NSW Supreme Court hands down penalties in James Hardie case
The New South Wales Supreme Court last week imposed penalties against 10 former non-executive and executive directors of James Hardie Industries Limited (JHIL...
25 August 2009
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Categorised In: Commercial, Corporate Governance & Compliance
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Federal Parliament passes the Trade Practices Amendment (Cartel Conduct and Other Measures) Act 2009
Representing a significant step in Australian Trade Practices law, both Houses of Federal Parliament last week passed...
27 June 2009
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Categorised In: Commercial
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The death knell for the disparate and inconsistent OHS laws currently existing throughout Australia rang loudly on 18 May 2009, when an agreement was reached by all Federal, State and Territory governments, except for...
05 June 2009
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Categorised In: Commercial
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A recent decision of the New South Wales Supreme Court, Australian Securities and Investments Commission v Macdonald (No 11) [2009] NSWSC 287, has highlighted, among other issues, the importance of properly...
12 May 2009
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Categorised In: Commercial
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The Commonwealth Government has now released draft legislation for the Carbon Pollution Reduction Scheme (CPRS) which is proposed to commence operation in July 2010.
The CPRS will require “liable” entities...
22 April 2009
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Categorised In: Commercial
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On 21 November 2008, the Australian Competition & Consumer Commission (ACCC) released the 2008 Merger Guidelines (New Guidelines) which replace the original merger guidelines released in 1999.
Purpose of the...
20 January 2009
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Categorised In: Commercial
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Corporate watchdog ASIC is set to be restructured following a strategic review by an independent consulting group.
Completed in May this year, the ASIC Strategic Review drew on the opinions of 1250 stakeholders in a bid...
24 October 2008
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Categorised In: Commercial
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With the introduction of the National Greenhouse and Energy Reporting Act, the impending Emissions Trading Scheme and the intense media coverage surrounding these issues, being carbon friendly is playing a significant...
21 August 2008
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Categorised In: Commercial
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On 11 April 2007, the New South Wales Court of Appeal in NRMA v Whitlam held that the deed of indemnity is to be construed narrowly in favour of the indemnifier where the terms of the deed of indemnity are...
08 August 2008
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Categorised In: Commercial
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Client legal professional privilege lies at the heart of Australia’s legal system. Essentially, it is the principle that confidential communications between a client and a legal advisor should be protected to...
24 May 2008
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Categorised In: Commercial